42 U.S.C. § 1983 Civil Rights Action

943 Florida cases classified under this topic, plus 1,362 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Bailey v. Andrews
  811 F.2d 366· 7th Cir.· 1987-02-03 ·cited 28×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The jury's finding of liability for constitutional violations is affirmed, but the case is remanded for a new trial on damages due to excessiveness.
• Palmerin v. City OF Riverside
  794 F.2d 1409· 9th Cir.· 1986-07-21 ·cited 28×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that guilty pleas were admissible as admissions of resistance and that the failure to object contemporaneously at trial after an unsuccessful motion in limine did not waive the appeal issue. The court also dismissed the appeal regarding the marijuana due to an inco
• Clarence Eugene Jones aka Asmar Habeeb-Ullah Saleem v. Dr. Johnson
  781 F.2d 769· 9th Cir.· 1986-01-31 ·cited 28×
  The court held that the plaintiff's allegations sufficiently stated a claim for deliberate indifference to serious medical needs under the Fourteenth Amendment, and that claims against the county and supervisors could be based on official policy or custom.
• Hamilton v. Daley
  777 F.2d 1207· 7th Cir.· 1985-11-18 ·cited 28×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that while the plaintiff's suit was frivolous and defendants were entitled to fees, the district court failed to adequately determine if all hours billed were reasonably expended in light of the frivolous nature of the claims. The court remanded for further finding
• Williams v. Butler
  746 F.2d 431· 8th Cir.· 1984-10-15 ·cited 28×
  The court held that a city cannot be held liable under § 1983 solely based on an individual official's act if that act does not represent an official city policy or custom.
• Jones v. Rodger Taber
  648 F.2d 1201· 9th Cir.· 1981-06-22 ·cited 28×
  A prisoner's release of civil rights claims is valid only if voluntary, deliberate, and informed, requiring a showing at least as strong as that for maritime releases.
• O'Neil v. City OF Lake Oswego
  642 F.2d 367· 9th Cir.· 1981-04-20 ·cited 28×
  A judge acting in excess of jurisdiction, but not in the clear absence of all jurisdiction, is protected by judicial immunity from liability under 42 U.S.C. § 1983. Attorney's fees awards require specific findings of fact and conclusions of law.
• Paxman v. Campbell
  612 F.2d 848· 4th Cir.· 1980-01-02 ·cited 28×
  The maternity leave policies requiring pregnant teachers to cease teaching at mandatory times violated the due process clause of the Fourteenth Amendment under Cleveland Board of Education v. LaFleur. School board members sued in their individual capacities are entitled to qualif
• Harley McLAIN v. Meier
  612 F.2d 349· 8th Cir.· 1979-12-18 ·cited 28×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the district court erred in granting summary judgment on the procedural grounds that the complaint failed to state a claim, and vacated the judgment to allow for further factual development.
• Frissell v. Rizzo
  597 F.2d 840· 3d Cir.· 1979-02-20 ·cited 28×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A citizen and taxpayer lacks standing to sue for a First Amendment injury to a newspaper's relationship with the public, absent a showing that the newspaper is unable to assert its own rights.
• Lyons v. Bd. OF Educ. OF Charleston Reorganized Sch. Dist. NO. 1 OF Miss. Cnty.
  523 F.2d 340· 8th Cir.· 1975-09-03 ·cited 28×
  The court held that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding racial discrimination in her non-renewal, and the trial court did not abuse its discretion in denying leave to amend the complaint with a new cause of acti
• 28 E. Jackson Enters., Inc. v. Cullerton
  523 F.2d 439· 7th Cir.· 1975-08-08 ·cited 28×
  The dissenting judge believes the federal court has jurisdiction to enjoin the sale of property despite principles of comity, as the adequacy of state remedies is uncertain.
• Magill v. Avonworth Baseball Conference
  516 F.2d 1328· 3d Cir.· 1975-05-08 ·cited 28×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the mere use of public facilities by a private youth baseball conference, even with reduced fees, does not constitute state action sufficient to support an Equal Protection claim when the conference excludes girls.
• Kerr v. United States Dist. Court FOR the N. Dist. OF Cal.
  511 F.2d 192· 9th Cir.· 1975-01-17 ·cited 28×
  The court held that the petition for a writ of mandamus or prohibition to vacate the district court's discovery order should be denied because the petitioners failed to demonstrate an abuse of discretion or usurpation of power sufficient to warrant such extraordinary relief.
• Forman v. Cmty. Servs., Inc.
  500 F.2d 1246· 2d Cir.· 1974-06-12 ·cited 28×·via 42 U.S.C. § 1983 Civil Rights Violations
  Shares in a cooperative housing corporation, even if nonprofit and state-regulated, can be considered 'securities' under federal law if they meet the definition of 'stock' or 'investment contract'.
• Stanley v. Tucker
  497 F.2d 1309· 2d Cir.· 1974-05-07 ·cited 28×
  A party acting in good faith under statutes later declared unconstitutional is not liable for damages under § 1983, absent a showing of improper motive or lack of probable cause.
• Gill v. Deputy Sheriff Charles Manuel
  488 F.2d 799· 9th Cir.· 1973-11-09 ·cited 28×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the trial court erred in refusing to instruct the jury on punitive damages and in improperly allowing the assertion of a privilege for official information, necessitating a new trial.
• Driscoll v. Int'l Union OF Operating Eng'rs
  484 F.2d 682· 7th Cir.· 1973-09-11 ·cited 28×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that a union member's challenge to a non-Communist affidavit requirement for candidacy, even if framed as a free speech issue, falls under Title IV of the LMRDA and must be pursued through the Secretary of Labor, not a private suit under Title I. Furthermore, the u
• Pettengill v. Putnam Cnty. R-1 Sch. Dist.
  472 F.2d 121· 8th Cir.· 1973-01-18 ·cited 28×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  Federal courts lack jurisdiction to adjudicate disputes over local election irregularities absent specific federal claims like racial discrimination or ballot stuffing.
• Martin v. Wainwright
  469 F.2d 1072· 5th Cir.· 1972-11-17 ·cited 28×
  The court held that it lacked jurisdiction to hear the appeal because the notice of appeal was not timely filed.
• Thomas v. Howard
  455 F.2d 228· 3d Cir.· 1972-02-09 ·cited 28×·via Civil Rights Act (42 U.S.C. § 1983)
  The court held that the prisoner's claim against his attorney under the Civil Rights Act was barred by the statute of limitations and that the attorney was not acting under color of state law.
• Long Island Vietnam Moratorium Comm. v. Cahn
  437 F.2d 344· 2d Cir.· 1970-12-24 ·cited 28×·via Civil Rights Act (42 U.S.C. § 1983)
  New York General Business Law § 136(a) is unconstitutional on its face and as applied because it is overbroad, vague, and infringes upon First Amendment rights by prohibiting a wide range of expressive conduct involving the American flag.
• Richardson v. Rivers
  335 F.2d 996· D.C. Cir.· 1964-07-09 ·cited 28×
  The court held that conclusory assertions of discrimination, unsupported by specific facts, are insufficient to withstand a motion for summary judgment when faced with an affidavit denying such claims.
• Duzynski v. Nosal
  324 F.2d 924· 7th Cir.· 1963-11-21 ·cited 28×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the defendants, acting within the scope of statutory duties related to mental health commitment proceedings, were either protected by judicial immunity or did not act under color of law for purposes of the Civil Rights Act, and that the lay defendants' actions
• Armstrong v. The Bd. OF Educ. OF the City OF Birmingham
  323 F.2d 333· 5th Cir.· 1963-07-12 ·cited 28×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court granted an injunction pending appeal regarding desegregation efforts.
• Prosper v. Martin
  989 F.3d 1242· 11th Cir.· 2021-03-05 ·cited 27×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the district court did not abuse its discretion in excluding expert testimony and did not err in granting summary judgment based on qualified immunity.
• Swank v. Smart
  898 F.2d 1247· 7th Cir.· 1990-03-27 ·cited 27×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the officer was deprived of procedural due process because he was not given an opportunity to respond to the police chief's written statement, which served as evidence against him. However, a genuine issue of material fact exists regarding whether he waived hi
• Metzger v. Osbeck
  841 F.2d 518· 3d Cir.· 1988-03-11 ·cited 27×
  The court held that the plaintiff failed to produce sufficient evidence to demonstrate a constitutional violation under section 1983, as the teacher's actions did not rise to the level of excessive force or abuse of power, and the injuries were unexpected and unintended.
• Mahone v. Addicks Util. Dist. OF Harris Cnty.
  836 F.2d 921· 5th Cir.· 1988-02-04 ·cited 27×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff's voting rights and procedural due process claims were properly dismissed, but the equal protection claim requires further consideration. The court also directed dismissal of only federal claims with prejudice.
• Hanson v. Heckel
  791 F.2d 93· 7th Cir.· 1986-05-21 ·cited 27×
  A state prisoner's civil rights action challenging the deprivation of good time credits, which directly impacts the duration of confinement, must be brought as a habeas corpus petition requiring exhaustion of state remedies, even if seeking damages.
• Johnston v. Jago
  691 F.2d 283· 6th Cir.· 1982-10-22 ·cited 27×
  A plaintiff can be considered a "prevailing party" for attorney's fees under 42 U.S.C. § 1988 if their lawsuit was causally related to the relief obtained and had a minimum basis in law, even if the relief was secured through a settlement in a separate proceeding.
• Brubaker v. Bd. OF Educ.
  502 F.2d 973· 7th Cir.· 1974-07-31 ·cited 27×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
• Evett L. Simmons v. Ric Bradshaw
  879 F.3d 1157· 11th Cir.· 2018-01-10 ·cited 26×·via 42 U.S.C. § 1983 (Excessive Force)
  Dontrell Stephens was shot four times by Deputy Sheriff Adams Lin during a traffic stop in September 2013, resulting in permanent paralysis. A jury awarded Stephens $23,148,100 in damages for excessive force. The Eleventh Circuit affirmed summary judgment dismissing Stephens' Mon
• Derrell E. Upton v. Bernie C. Thompson
  930 F.2d 1209· 7th Cir.· 1991-04-22 ·cited 26×
  The court held that at the time of the deputies' firings, it was not clearly established that they were protected from patronage dismissals, and political considerations are appropriate for determining qualifications for deputy sheriff positions.
• Reather Reynolds v. City OF Little Rock
  893 F.2d 1004· 8th Cir.· 1990-01-12 ·cited 26×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the Equal Protection Clause prohibits governmental litigants from using peremptory challenges to exclude jurors based on race in civil cases, and that the City's refusal to justify its strikes required vacating the judgment for a Batson hearing.
• Ellis D. Burrell v. Newsome
  883 F.2d 416· 5th Cir.· 1989-09-19 ·cited 26×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that the plaintiff's appeal was timely filed and that some of his claims were not barred by the statute of limitations due to Texas' prisoner tolling provisions.
• Miranda v. Munoz
  770 F.2d 255· 1st Cir.· 1985-08-27 ·cited 26×
  The court held that the district court properly denied judgment n.o.v. for three defendants but erred in granting directed verdicts for four supervisory officials, requiring a new trial for those officials.
• Artell M. Henry (81-1767) v. City OF Detroit Manpower Dep't
  763 F.2d 757· 6th Cir.· 1985-05-22 ·cited 26×
  Orders denying motions for appointment of counsel in Title VII and § 1983 actions are not immediately appealable "final decisions" under 28 U.S.C. § 1291.
• Wiggins v. Sargent
  753 F.2d 663· 8th Cir.· 1985-01-28 ·cited 26×
  The court held that the district court erred in dismissing the inmates' civil rights action, finding that their beliefs may be religious in nature and thus protected by the First Amendment, and that the censorship of their mail and denial of religious practice opportunities requi
• Soto v. Dickey
  744 F.2d 1260· 7th Cir.· 1984-09-20 ·cited 26×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that the trial court erred in finding that the use of mace in the Adjustment Center violated constitutional rights, as the evidence showed it was used reasonably to maintain discipline and safety after inmates refused lawful orders.
• Lucas v. Turner
  725 F.2d 1095· 7th Cir.· 1984-01-13 ·cited 26×
  The court held that the plaintiffs failed to demonstrate a particularized need for the state grand jury materials, and therefore, disclosure was not warranted.
• Quackenbush v. Johnson City Sch. Dist.
  716 F.2d 141· 2d Cir.· 1983-08-24 ·cited 26×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the Education of the Handicapped Act (EHA) provides an exclusive remedy, and a plaintiff cannot bypass its administrative procedures to seek damages under 42 U.S.C. § 1983.
• Taylor v. Gilmartin
  686 F.2d 1346· 10th Cir.· 1982-07-30 ·cited 26×·via 42 U.S.C. § 1983 Civil Rights Violations
  The court held that the trial court erred in directing verdicts on the false imprisonment and intentional infliction of emotional distress claims, but affirmed the dismissal of the § 1983 claim for lack of state action.
• Metrocare v. Wash. Metro. Area Transit Auth.
  679 F.2d 922· D.C. Cir.· 1982-05-28 ·cited 26×
  The court held that the jury's verdicts of race discrimination for four individual plaintiffs were supported by sufficient evidence and should be reinstated, but the jury's verdict for class-wide discrimination was not supported by adequate evidence and was properly set aside.
• Wheatley v. Police Officers Robert Beetar
  637 F.2d 863· 2d Cir.· 1980-12-31 ·cited 26×·via 42 U.S.C. § 1983 (Excessive Force)
  The court should order a new trial on all issues, not just damages, because liability and damages are too intertwined.
• Mancini v. Sherwin Lester and David Lucas
  630 F.2d 990· 3d Cir.· 1980-09-18 ·cited 26×
  The court held that the district court erred in granting absolute prosecutorial immunity without a functional analysis of the defendants' actions.
• Collins v. Hladky
  603 F.2d 824· 10th Cir.· 1979-08-17 ·cited 26×
  The court held that a trial court erred in dismissing a civil rights action based solely on conflicting affidavits, as disputed factual issues require further development of the record.
• Domingo Roque Molina v. Paul T. Richardson & the City of Los Angeles
  578 F.2d 846· 9th Cir.· 1978-07-21 ·cited 26×·via 42 U.S.C. § 1983 Civil Rights Claim
  The dissenting judge would reverse the district court's decision, find jurisdiction, and infer a cause of action against the city directly from the Fourteenth Amendment.
• Wirth v. Surles
  562 F.2d 319· 4th Cir.· 1977-09-22 ·cited 26×
• Miller v. Barilla
  549 F.2d 648· 9th Cir.· 1977-01-31 ·cited 26×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  Public defenders are accorded absolute immunity from § 1983 damage claims for acts done in the performance of their judicial function, specifically including plea bargaining.